Ancestral property
Dev
(Querist) 28 March 2014
This query is : Resolved
Hi,
We have ancestral property in Rajasthan and my main issue is my father's grandfather left his village with his family. He left all his property there. His brothers were living there and now their new generations came and they shared our property also. But now I want to get some part of my ancestral property back so please advise me.
1.What I can do now?
2.He left his village 70-80 years back.
3.My grandfather had also died.
4.I am from Hindu Family.
Thanks in advance.
R.V.RAO
(Expert) 28 March 2014
first task is to prove before law that you are a legal heir to ancestral property.
the description which you gave satisfies the test of ancestral property.
having proved you are the legal heir to the ancestral property,now you need to file a declaration suit for declaring you as legal heir and also ask for partition of the property , and claim your share.
the existing family members enjoying the property should also be stopped from sale or alienation of the ancestral property for which also file a suit. this is because no legal heir is entitled to deal with or grabbing other legal heirs ' share , while he/she may deal with his/her share.
As it is ancestral property,your grandfather death does not come in your way to claim your share as legal heir, since there is no time limit to claim your share.
rush to an advocate well versed with property matters and start the legal action at the earliest.
Rajendra K Goyal
(Expert) 28 March 2014
File declaration suit, consult a local lawyer and show him all the documents.
